Council pays bill for CEO inquiry

Mr Connor was the chief executive of Fermanagh District Council

The High Court has ruled that Fermanagh District Council must pay the costs of an investigation into the controversial appointment of a chief executive.

The Local Government Auditor investigation looked into how Rodney Connor was appointed to the top job in 2000.

Unionist councillors had appeared to vote for him en bloc on party lines.

Two unsuccessful candidates alleged religious and political discrimination.

The council settled with them out of court after receiving legal advice that it was "unlikely that the claims could be successfully resisted".

Nine unionist councillors were originally found guilty of wilful misconduct but on appeal they were cleared of any wrongdoing.

As a result the High Court had to consider whether central government or the council should bear the expenses incurred by the auditor in carrying out his investigation.

In his judgment delivered last month, but just published by the Courts Service, Lord Justice Higgins said in deciding whether the council should pay the costs he had to decide whether the auditor's investigation was justified even though ultimately no finding was made against the council or councillors.

He said that in this case the investigation into the process of appointing the new chief executive was entirely justified in the circumstances.

He went on: "What was uncovered during the investigation must also be a relevant factor.

"What was uncovered in this instance fell short of wilful misconduct but was sufficient to justify settling two fair employment claims.

"It was at best prima facie discriminatory and certainly unedifying."

He said all those factors justified the council meeting the auditor's bill for £38,178.

In his ruling he emphasised that the proceedings reflect in no way upon the ability or integrity of Mr Connor who "all parties acknowledged to be a successful appointment."

A spokesperson from Fermanagh District Council said based on legal advice it will not be appealing the judgment but it will be seeking a "full independent assessment" of the legal costs.

Rodney Connor is standing as an independent candidate for Fermanagh and South Tyrone in the general election.

The other candidates are: Michelle Gildernew (Sinn Fein), Vasundhara Kamble (Alliance Party), Fearghal McKinney (Social Democratic & Labour Party), and John Stevenson (independent).